Judge Delivers First Big Decision in James Comey’s Case

Holmes suggested allowing outside briefs in a nationally watched case involving a former FBI director could invite an overwhelming number of filings.

“I can imagine that the court is worried about the floodgates opening, and everybody who wants to weigh in on this does,” Holmes said.

At the same time, Holmes noted that friend-of-the-court briefs can sometimes provide valuable legal analysis and research that may assist judges confronting complex legal issues.

“It would be nice if the court would be willing to read really educated folks who have a real interest in the court getting it right and offering a lot of research,” he said.

Carl Tobias, a law professor at the University of Richmond, also described Flanagan’s ruling as uncommon.

He said judges frequently find such briefs useful because they often come from individuals with specialized expertise or substantial experience related to the legal issues before the court.

“They would be people who would have expertise about the issues that are raised and probably feel strongly about them,” Tobias said.

While Flanagan’s order does not affect the merits of the prosecution itself, it narrows the voices that will be heard as the case moves forward.